Wagner v. King
Superior Court of Pennsylvania
Appeal, No. 207, April T., 1909, by defendant, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 356, on bill in equity and dismissing cross bill in case of John Wagner v. I. K. King. Bill in equity for an injunction to restrain the defendant from interfering with or removing a wall.
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Appeal, No. 207, April T., 1909, by defendant, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 356, on bill in equity and dismissing cross bill in case of John Wagner v. I. K. King. Bill in equity for an injunction to restrain the defendant from interfering with or removing a wall. The defendant filed a cross bill praying for a mandatory injunction to compel the plaintiff to remove the wall and to erect a new wall wholly on his own ground to support defendant’s soil. Frazer, P. J., found the facts to be as follows: 1. Plaintiff and defendant are owners of adjoining lots situate…
1Opinion of the Court
Opinion by
Henderson, J.,
The agreement between the plaintiff and the defendant with reference to the erection of the wall which is the occasion of their controversy was verbal. The trial judge found that a part of that agreement was that the wall should be erected on the defendant’s ground along the division line between the properties, and this finding is supported by all of the evidence. The further fact was found that the plaintiff located and erected the wall on the defendant’s lot three and three-fourth inches beyond the dividing line at the front and seven and three-fourths inches beyond…
2Cases cited6 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
- Long v. RaganCourt of Appeals of Maryland · 1902
- Pile v. PedrickSupreme Court of Pennsylvania · 1895
- Norwalk Heating & Lighting Co. v. VernamSupreme Court of Connecticut · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ventresca v. VentrescaSuperior Court of Pennsylvania · 1956
- Dodson v. BrownSuperior Court of Pennsylvania · 1918
- Soifer Et Ux. v. Stein Et Ux.Superior Court of Pennsylvania · 1930
- Freseman v. PurvisSuperior Court of Pennsylvania · 1912